“Where you sleep at night” appeal is now fully briefed

(Update:  The oral argument took place on December 7, 2023, and you can see a transcript of the oral argument. )

It will be recalled that there is a an appeal pending in the Court of Appeals for the Federal Circuit against the USPTO’s rules requiring every trademark applicant to reveal where he or she sleeps at night.  The appellant’s reply brief has just been filed.  I expect the case will now proceed to oral argument. 

The appellant’s brief got filed September 9, 2022, and you can see it here.   This is called “the blue brief” because it has a blue cover.   I blogged about that brief here.   An amicus brief got filed on September 16, 2022 and you can see it here.  This is called “the green brief”.  I blogged about that brief here.  The appellee’s (USPTO’s) brief got filed January 31, 2023, and you can see it here.  This is called “the red brief”.  I blogged about that brief here.  Now the appellant has filed its reply brief on March 7, 2023, and you can see it here.  This is called “the gray brief”.

The appeal is now fully briefed.   I expect the Court will send out what is called a “Notice of Oral Argument” within the next four months, and after that, the oral argument will get scheduled.